United States v. Coppin ( 2022 )

Case: 21-10650 Document: 00516251131 Page: 1 Date Filed: 03/23/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
March 23, 2022
No. 21-10650 Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Moses Coppin,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:21-CV-916
USDC No. 3:10-CR-345-1
Before Southwick, Graves, and Costa, Circuit Judges.
Per Curiam:*
Moses Coppin, federal prisoner # 38660-177, was convicted of aiding
and abetting obstruction of justice through evidence concealment and
possession of a firearm by a convicted felon. He moves for a certificate of
appealability (COA) to appeal the transfer of his Federal Rule of Criminal
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 21-10650 Document: 00516251131 Page: 2 Date Filed: 03/23/2022
No. 21-10650
Procedure 36 motion to this court as an unauthorized successive 28 U.S.C.
§ 2255 motion.
Because Coppin challenges his conviction under 18 U.S.C.
§ 1512(c)(1) on grounds that he raised in his first § 2255 motion, the district
court correctly construed and transferred the motion. See 28 U.S.C.
§ 2244(b)(1); In re Bourgeois, 902 F.3d 446, 447 (5th Cir. 2018). The motion
for a COA is DENIED as unnecessary, and the transfer order is
AFFIRMED. See United States v. Fulton, 780 F.3d 683, 688-89 (5th Cir.
2015). Coppin’s motion for leave to proceed in forma pauperis is DENIED.
2